CO885-(13-15) — Page 6

22,216.

PUBLIC RECORD OFFICE

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C.O.

Reference :-

885

13 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

1

No. 80.

(GENERAL.)

LAW OFFICERS to HOME OFFICE.

EXTRACT OF OPINION ON THE COLONIAL JUDGMENTS EXTENSION BILL.

(Received from the Home Office 8th December 1886.)

We approve of the principle of the draft Bill, if its operation is limited to the judgments of the superior courts. Some interpretation clause must be inserted to define or limit the courts of British Colonies or possessions to which the operation of the Bill is extended, so as to prevent the judgments of inferior courts of the Colonies being registered under the Bill.

So far as India is concerned, the judgments of the High Court only are included, and the last sub-section of clause 2 expressly includes the British Consular Courts in Mahommedan countries, but as the Bill now stands inferior courts in British Colonies or possessions might be held to be included.

Clause 3 requires alteration. As drawn it did not provide for the case of an appeal being successfully brought and the judgment varied. We have made an alteration for the consideration of the draftsman.

We see no objection on principle to clause 5 of the draft Bill, but as it is not intended to bring within the scope of the Bill the payments of inferior courts, it will be sufficient, at any rate at present, if the judgments can be registered in the superior courts of the United Kingdom, and we think the clause should be struck out.

The addition to clause 10 is useful, because under section 8 of 45 & 46 Vict. the defendant cannot recover his costs; but we think it better that the language of that section should be adopted without the addition.

cap. 31.

We see no objection to clause 11; but, as the clause stood, the Consular Courts are

not included. As some of them have jurisdiction in bankruptcy, we have altered the clause so as to include them.

Clause 14 should, in our opinion, be omitted, for the reasons given by the late Law Officers.

We have made one or two alterations in the draft Bill, but all the clauses will require reconsideration having regard to our opinion.

(Signed)

} RICHARD E. WEBSTER. EDWARD CLARKE,

A 20491.-46. 25.-12/86.

No. 80.

(GENERAL.)

LAW OFFICERS to HOME OFFICE.

XTRACT OF OPINION ON THE COLONIAL JUDGMENTS EXTENSION BILL.

(Received from the Home Office 8th December 1886.)

ve of the principle of the draft Bill, if its operation is limited to the

f the superior courts. Some interpretation clause must be inserted to it the courts of British Colonies or possessions to which the operation of tended, so as to prevent the judgments of inferior courts of the Colonies red under the Bill.

ndia is concerned, the judgments of the High Court only are included, and -section of clause 2 expressly, includes the British Consular Courts in n countries, but as the Bill now stands inferior courts in British Colonies s might be held to be included.

equires alteration. As drawn it did not provide for the case of an appeal sfully brought and the judgment varied. We have made an alteration for

tion of the draftsman.

o objection on principle to clause 5 of the draft Bill, but as it is not oring within the scope of the Bill the payments of inferior courts, it will at any rate at present, if the judgments can be registered in the superior United Kingdom, and we think the clause should be struck out.

on to clause 10 is useful, because under section 8 of 45 & 46 Vict. cap. 31. it cannot recover his costs; but we think it better that the language

n should be adopted without the addition.

objection to clause 11; but, as the clause stood, the Consular Courts are As some of them have jurisdiction in bankruptcy, we have altered the o include them.

should, in our opinion, be omitted, for the reasons given by the late

nade one or two alterations in the draft Bill, but all the clauses will require on having regard to our opinion.

(Signed)

RICHARD E. WEBSTER.

EDWARD CLARKE.

46. 25.-12/86.

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

13 PUBLIC RECORD OFFICE. LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO